The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1887-04-28
lNrER-STArE COMMERCE.
Tae Commission Takes Occasion to Gently Lect.
ure Railroad Men-rheir Cooperation Invited
that the Law Nav be Fairly Executed.

that the Law May be Fairly Executed.
The Interstate Commission has received
applications from IL great number Of sources
asking rulings upon many questions sug-
seSted by the text of the law. To those 1T
makes answer:
\ careful reading OF the act under which
this commission is organized will show to
the petitioners and others who have made
similar applications that no jurisdiction
has been given to us to answer questions
like these under consideration. Two sec
tions of the law confer power upon the
commission TO entertain and decide appli-
cations and petitions. Section 4 empow-
ers us, upon application by Il common car
rer, to authorize such common carrier, in
special cases. to charge less for longer than
for shorter distances over the same line, and
also to prescribe the extent OF relief from
the operation of the former part OF the
same section which Il designated common
carrier may from time to time enjoy.
Ut is obvious that applications like those
OF the railway conductors and the Trade
and Travellers union have no relation
whatever to the duty imposed upon lis by
section 1.-THE onl section OF the law which
the commission has power to suspend or
relax.
Although it might be desirable or at
least convenient in respect to many pieces
lished to which inquiries might apply for
instruction and advice respecting the
meaning OF the law and it's application to
suggest circumstances and conditions, IL
moments reflection will show that no such
tribunal could be properly erected. Con-
grcss has not taken the management of the
railroads out Of the hands OF the railroad
companies. 1t has simply established
CERTAIN GENERAL PRINCIPLES
to no
conducted. There is nothing novel in these
provisions. They simply bring back the
business of the common carriers to the
well settled principles OF the common law.
Vet no one can deny that there was urgent
need OF their statutory formulation? Al
legged difficulties in putting them in opera
ton only disclose examples OF the extent
to which they have been violated in the
past The sections OF the act are exp ress-
ed in plain words. A construction must
be given to them in the first instance to
the carriers and their patrons. When n
course OF conduct has been adopted. OF
which complaint is made that it violates
the law the decision of the question
will rest with the courts or with
the commission as the complaining
party may elect. This is the orderly meth
cd in which all legislation is administered
and applied and the statute in question
the clamorous petitions that have been
laid before IFS for preliminary advice, many
OF them obviously upon the suggestion il
not by the procurement OF the carriers,
that comment on the law by the carriers.
and those who have heretofore enjoyed
special favors at their hands, describes the
system OF penalties which the law provid-
es as extreme, and the risks imposed on
unintentional and unwilling violators OF
,.,,
ment seems to us neither fair nor Just. 1t
is true that section $ provides that for Vi
olations OF the law, and for failure 20 do
an act which the law requi res, the offending
carrier shall be liable to heiniurcd party for
THE ACTUAL DAMAGE
sustained together with IL reasonable
counselor attorney lee, to be fixed by the
court and collected with tie costs in the
case. 1t is also true that section 10 inn
poses a fine OF not to exceed 50, 600 upon
common carriers and Their officers, agents
and servants who willfuliv do nr cause to
be done, or willingl V suffer or permit to he
done, an prohibited act, nn"n .n'iction
in district court OF TIL lItet States.
The remedy described in ert ION 8 adds an
attorney s fee to the eXis ing common law
right OF any injured part TO recover the
full amount OF his damagr, II condition OF
affairs which cannot grea fly alarm corpo
rations disposed to fair dealing, while the
criminal remedy given i'll section 10 obvi-
ouslv pertains to Intentional vlolators o.
the law and in these cases to oe graduated
by the court according to the enormity OF
the oifense. Good faith exhibited in an
honest effort to carry out the requirements
OF the law will involve reasonable and fair
minded officials i'll no danger OF damages
or fines. The elasticity OF the statute in
their tavor is noticeable. The unj Just dis
elimination OF section must be in Il like
and contempOraneOus service in the trans
portation OF a like kind OF traffic under
substantially similar circumstances and
conditions" The preference or advantage
OF section 3 must be undue or unreason-
able throughout the act as it now stands
in confessedly experimental form, there is
exhibited an obvious and a generous pur-
pose to allow to the corporation ample
scope in the conduct OF their business as
common carriers for the people, and fair
consideration OF every reasonable claim
while insisting upon just, impartial, open
and consistent rates OF charge, to which
every citizen shall be subject alike whose
situation is the same. Surely the people
COULD NOT ASK FOR LESS.
The language and the tenor Of the act
wholly fail to Justify railroad managers, if
any such there be who refuse to accept re-
sponsiblities decline to offer rates, to neg
lect to announce conditions OF traffic, EN-
barrass the customary Interchange OF
business and impose stagnatlon upon
trade, they stick in the bark" OF the
phrases and impressions OF the law in
venting doubts and imaginable dangers.
1t is still more unlustitiable for railroad
companies to make use OF the general
clauses Of the law, ignoring it's modifying
and enlarging W ords and formulas, in or
der to impose additional burdens upon
localities, trades, professions, manufact-
urers, consumers, classes OF travellers or
employers, strainng and depressing every
construction i'll favor OF the corporation
treasury and quoting the new law as au-
thority for all manner OF petty exactions.
The powers OF the comm ission are entirely
adequate to cope with such conduct, the
existence OF which is not affirmed although
it has been somewhat publicly suggested.
The same statute which enacts that
charges for like service shall be uniform to
all also provides that charges in every
case and for every kind and class OF
service, shall be reasonable and
Just. AS the law is practically APP
Piled it is said to contain many ele'
ments OF advantage to the economic
al and profitable management OF the bust
ness of the carriers, which they have not
been slow to apprehend and take the bene-
fit Of The commission ventures to ex-
press the hope that with this explanation
respecting the mutual functions OF the car
rers and the commissioners in carrying
the law into effect according to its true in
tent and meaning. there will be no lack OF
good faith and active CO. operation in
continuing the normal activity OF every
kind of reputable industry and traffic
throughout the land, under favorable, fair
and reasonable terms, conceding frankly
to the people all the rights, benefits and
advantages and equal privileges which the
act to regulate commerce was intended to
secure.
Salisbury Attacks Gladstone.
Lord Salisbury, in a speech before the
Primrose league in London, said: The
, hollow agitation carried on during the
Easter holidays by the opposition had
failed, and the governments cause was the